May 01, 2015
After just forty minutes of deliberation, following a two-week trial, a jury in Corpus Christi found that there was no design or marketing defects in a 2006 Kawasaki Mule. Plaintiff Richard Fisher was attempting to load the unlatched cargo bed of the Kawasaki Mule when he alleged that it suddenly tipped, causing him to fall and injure himself. The plaintiff alleged that the Kawasaki Mule was defectively designed and marketed. The plaintiff maintained Kawasaki should have used a different design for securing the cargo bed and should have also provided better warnings. At trial, the plaintiff asked the jury to award him over $6 million in damages. Kawasaki was represented by Jeff Hawkins and David Prichard of PHMY, Rick Mueller of Thompson Coburn in St. Louis, Augustin Rivera, Jr. of Dunn, Weathered, Coffey, Rivera & Kasperitis in Corpus Christi and Tom Johnson of Kawasaki Motors Corp., U.S.A.
Mar 30, 2015
A federal judge in Houston denied the plaintiff’s motion for new trial in a wrongful death case against American Honda Motor Co., Inc. that PHMY won on summary judgment. On January 6, 2015, the federal court granted summary judgment in favor of Honda finding that the plaintiff failed to offer evidence on a key element of their design defect theory. Honda showed that the plaintiffs’ expert had no evidence that his proposed alternative design was economically feasible as required by Texas law. The federal court granted summary judgment on the plaintiffs’ claims for design defect, negligence and breach of warranty. The plaintiffs asked the judge to reconsider his ruling, but he denied the request on March 30, 2015. Honda was represented by Jeff Hawkins, David Prichard and David Montpas of PHMY as well as by Derek Whitefield of Dykema Gossett in Los Angeles.
Apr 22, 2014
Texas Super Lawyers have announced the 2014 List of Texas Rising Stars, and Prichard Hawkins McFarland & Young is proud that two of their attorneys, Daniela Gonzales Aldape and Shelayne Clemmer were named to this distinguished list. Ms. Aldape is a partner with the firm and handles complex litigation matters in Texas and surrounding states, focusing on product liability. Ms. Clemmer’s practice encompasses both trial work and appellate matters covering a variety of practice areas.